Chapter 3 BA 18

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BA 18

Chapter 3

International Law

Why Do Nations Trade?

Our world has become a

“global village” where goods and services are traded globally, rather than just nationally.

People depend upon raw goods and materials for business ventures, manufacturing and cultural sustenance.

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Why do Nations Trade?

Any American Business, no matter how small, with an exportable product, must become a global competitor within the next decade or face the loss of 25-30% of potential sales!

Chances are, your business will be among those who trade with foreign countries.

3

Going Global

Our National Economy

Growing Population

Ever growing Diversity

Ever growing demand for products and services made overseas

Globalization

ISO 9000 –

International

Standards for Quality

Assurance

Population Clock

2

U.S. National Debt Clock

http://www.usdebtclock.org/

National Debt Clock in Real Time:

The World’s Big Emerging

Markets

What do we get from these markets?

 Turkey

 Poland

 Mexico

 Brazil

 Argentina

 South Africa

 India

 Indonesia

 Singapore

 Thailand

 Malaysia

 Vietnam

 Philippines

 Hong Kong

 South Korea

 China

 Chile

The Globalization of

Business

 Overseas Investment in the United States

 International Business Economics:

 Balance of Trade – The relationship between the value of a country’s imports and the value of its exports determines the balance of trade.

 Balance of Payments – The sum of all payments one nation has made to other nations minus the payments it has received from other nations during a specified period of time.

4

International Law

Law that governs affairs between nations.

 Law that regulates transactions between individuals and businesses of different countries.

 No single source of international law.

 No world court responsible for interpreting all international law.

The United States and Foreign

Affairs

 The Constitution gives most of the power over foreign affairs to the federal government.

 Foreign Commerce Clause

 Treaty Clause

United Nations

 International organization created by multinational treaty in 1945 .

 Goals of the United Nations (U.N.):

 Maintain peace and security in the world.

 Promote economic and social cooperation .

 Protect human rights .

International Court of Justice

 The judicial branch of the United

Nations.

 Also called the “ World Court .”

 Located in The Hague, the Netherlands.

 Only nations may have cases decided by this court.

International Monetary Fund

 IMF was established to promote the world economy.

 Sound monetary, fiscal, and macroeconomic policies worldwide

 Provides assistance to needy countries

Board of Governors - International Monetary Fund (IMF)

Globalization and International

Law

Globalization brings about it’s own set of Difficulties

 Stabilizing the economy

 Protection of the environment (OSHA

Regulations)

 Ethics in business practices, both foreign and domestic

 Arbitration for dispute resolution on a global scale.

 Standardization of all Trade Agreements

Sources of International Law

 Those things that international *tribunals rely on in deciding international disputes.

 Treaties and conventions

 Custom

 General principles of law

 Judicial decisions and teachings

*Tribunal: a Court or forum of justice; The Seat of a judge

Business Contracts:

 United States

 UCC Codes –

Govern sales transactions within the United States

 International

 CISG – 1998 United

Nations Convention on

C ontracts for the

I nternational S ales of

G oods (CISG)

 Provides a law of sales contracts specifically for contracts between businesses in countries that have approved the convention.

Foreign Corrupt Practices Act

 United States

 RICO - Racketeer

Influenced and

Corrupt

Organization Act –

Established, 1970 to fight organized crime.

 International

 Foreign Corrupt Practices

Act

 Congress passed the

FCPA in 1977

 Covers foreign corrupt practices and provides accounting standards that firms must follow when reporting payments.

Foreign Corrupt Practices Act

Nepotism: Is It a Crime?

By JOE PALAZZOLO , CHRISTOPHER M.

MATTHEWS and SERENA NG CONNECT

Wall Street Journal

Updated August 19, 2013, 9:36 p.m. ET

Title 5 – Civil Rights Act of 1964

United States prohibited discrimination in public facilities, in government, and in employment The Equal

Protection Clause , part of the Fourteenth Amendment to the United States

Constitution, provides that

"no state shall… deny to any person within its jurisdiction the equal protection of the laws.”

International

Extended to Americans working for American companies, even when the employee is working in another nation.

Extended the protections across international boundaries.

Americans did not give up their rights as Americans working for American firms on foreign soil.

TRADE AGREEMENTS AND

COUNCIL

Trade Agreements and Trade

Finance

 The General Agreement on Tariffs and

Trade (GATT)

 The World Trade Organization (WTO)

 The Asia Pacific Economic Cooperation

Council (APEC)

Free Trade

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Trade Agreements and Trade

Finance

 Trading Blocs

 European Union (EU)

 North American Free Trade Agreement

(NAFTA)

 Association of Southeast Asian Nations

(ASEAN)

 Mercosur

7

European Union and the Treaty of Rome -

1957

E.U.

 Treaty of Rome –

1957

 Accomplished 4 things:

 Movement of goods, people, capital and services

 The European Union:

The European

Community

EU Government:

 Council of Ministers

 Assembly

 Commission

 Court of Justice

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Europe and the Nations of the

European

Union

E.U.

 US Antitrust Laws

 Clayton Act

 Sherman Act

 EU Competition

Laws:

 Article 85

 Article 86

 Negative Clearance

The International Organization for

Standardization (ISO)

US

TQM – Total Quality

Management

 W. Edwards Deming

 Baldridge Award

 International (Established through Europe/Treaty of

Rome)

 Uniform Standards

 Standards by member nations

 Block trade for those not certified

ISO 9000/9001/9002/

ISO 14000 – Environmental

Management

NAFT AND THE WEST

– North American Free

Trade Agreement

(NAFTA)

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Former President Vicente

Fox

 Just two months before

9/11 – Bush and Mexican

President Vicente Fox were working on solutions towards a “Free Trade area of the Americas”

That however has been put on hold. Meanwhile,

President Fox is no longer the President. It is difficult to say if and when this will ever come into play.

Issues still on the Table between Mexico and the

US: 

Transportation

Environmental

Protection, OSHA and Transportation

 Immigration

 Commerce and

Trade Issues

 Overcoming the past history with

Mexico and US relations

 Drug Trafficking

Prevention

Considerations When Entering into Agreements with Foreign Countries

 Management of the Global Corporation

 Cultural Differences in International Business

 Foreign Corporate Attorneys specializing in the countries laws with which you are doing business.

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Websites to View:

http://www.business.com/directory/govern ment_and_trade/international_trade/ http://www.cid.harvard.edu/cidtrade/

1.

Review Questions

What is the “Balance of Trade?”

2.

What is globalization?

3.

What does the term “global village” mean?

4.

What does “ Balance of Payments” mean?

5.

List three of the World’s Big Emerging Markets.

6.

List three types of Protectionist Measures that the United States government uses to protect domestic business.

Review Questions

7.

What are “Trading Blocs”

8. What does the acronym N.A.F.T.A. stand for?

What does the acronym W.T.O. stand for?

Why is currency a consideration when dealing with foreign countries?

 Why is it important to have an attorney review business contracts made with other countries?

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